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Bhutanese Peoples' Suggestions

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Bhutanese Peoples' Suggestions MESSAGE The “Bhutanese Peoples’ Suggestions” as a response to the unveiling of the “Draft Constitution” of the Kingdom of Bhutan is well written, given the twenty-first century global scenario. In consideration of the situation of Bhutan, the initiatives and efforts of the National Front for Democracy, Bhutan (NFD-Bhutan), using all the available resources, input from the Bhutanese senior citizens, intellectuals, former parliamentarians, expertise of local and the international intellectuals, are highly laudable. This reflects true aspirations of the people. It is hoped that the forthcoming interim government, will give due consideration to the democratic aspirations of the Bhutanese people. On behalf of the members of the Bhutanese Movement Steering Committee (BMSC) and on my own behalf, I have the privilege of supporting the formal declaration and release of the “Peoples’ Suggestions”. Mechi Bridge, Indo-Nepal Border July 17, 2006 (Tek Nath Rizal) Chairman (BMSC) Former Royal Advisory Councilor Twenty-five member drafting committee Sl. No. Names Portfolio Home address Block/ Dzongkhag/ Geog District 01. DashoThinley Penjore Chairman Thimthrom Thimphu 02. Mr. Balaram Paudyal Vice Chairman Bara Samtse 03. Mr. D.B. Rana Sangpang Vice Chairman Leopani Sarbhang 04. Gup Khila Vice Chairman Kurje Bumthang 05. Mrs. Jasoda Budathoki Woman Rep. Gaylegphug Sarbhang 06. Mr. Gopal Gurung Genl. Secretary Emirey Dagana 07. Mr. Narad Adhikari Genl. Secretary Goshi Dagana 08. Lopon Rinzin Dorji Genl. Secretary Rangzhikhar Trashigang 09. Mr. Tenzin G. Zangpo Genl. Secretary Tongzhang Trashi Yangtse 10. Mr. Kin Dorji Member Khar Pema Gatshel 11. Mr. Jagirman Lama Genl. Secretary Goshi Dagana 12. Mr. Padam Rizal Member Suntaley Dagana 13. Mr. Thak Bdr. Thapa Member Neoli S.Jongkhar 14. Mr. Rajman Gurung Timai Singe Sarbhang 15. Mr. Nirmal Gurung Timai Bhur Sarbhang 16. Mrs. Menuka Nepal Pathri Burichu Tsirang 17. Lopon Karjey DNC Gomdar S.Jongkhar 18. Aum Deki Yangzom DFHR Thimthrom Thimphu 19. Mr. Suren Ghaley YOB Lalai Sarbhang 20. Mr. D. P. Kafley PFHRB Chengmari Samtse 21. Mr. Mukti Raj Gurung SUB Senge Sarbhang 22. Mr. C. N. Timsina BPU Danabari Sarbhang 23. Mr. Tangka Timsina SOB Tsirang Tsirang 24. Mr. Kumar Gurung FOBTU Tendu Samtse 25. Ms. Deo Maya Giri Woman Rep. Lalai Sarbhang BACKGROUND The NFD-Bhutan (National Front for Democracy in Bhutan) has cautiously welcomed the Draft Constitution of the Kingdom of Bhutan, unveiled on March 26, 2005 as a positive aspect of the step taken by His Majesty the King and peoples’ achievement of the one and a half decade long political struggle for democracy. It is the beginning of the end of dictatorial and absolute monarchy as the ninety-seven year old monarchy was shaken with 1990 peaceful demonstrations in south Bhutan, followed by 1997 eastern Bhutanese peaceful movement that projected true picture of the peoples’ demand for democracy and human rights. Cabinet fell to the ground and was revamped with new reforms. Economic benefits to the civil servants and the military force were enhanced tremendously as a measure to effectively counter political forces that began growing into scores. The King’s statement to the National Assembly in 1990 to abdicate throne in the event of failure to resolve Bhutanese political crisis in two years remained a mere statement. The promise in 1990 to release Dasho Tek Nath Rizal, former Royal Advisory Councilor upon resolving the Lhotshampa issue also proved to be fallacious as Dasho Rizal was released on December 17, 1999 even before completing the pilot verification of the refugees. The government’s assurance to solve refugee issue turned out to be a mere gimmick to the international community as the process was derailed in 2003, following a brief provocation growing into a scuffle which was preplanned by Bhutan. The political pressure from the people in one hand and the national security crisis on the other with the presence of Indian insurgents, government had no other way but to further strengthen its cabinet by enhancing council of ministers to ten. Scores of senior civil servants belonging to various ethnicities paved their way into higher positions promoting pseudo democratization process. The ‘Draft Constitution’ circulated through website provoked democracy loving people albeit opinions and criticisms are not welcomed. At home, silent observers from the intellectual groups reacted through internet media using either fake names or remaining in anonymity. The NFD-Bhutan submitted a memorandum to His Majesty the King on April 26, 2005 and appealed for consideration to include refugees, the political parties in exile and at the same time also release political prisoners unconditionally so as to widely open the space for true participation of the people in the Constitution writing before finally going into referendum and enactment. The memo sought for reconsideration within one month and had cautioned to go for alternative Constitution in the event of not responding to the submission. Therefore, in absence of any positive response, the NFD-Bhutan began consulting Legal and Constitutional experts to write the Constitution of the Peoples’ choice and thus reached to this conclusion on the basis of the opinion developed after reviewing the “Draft Constitution” during the period of last one year. The Draft Constitution with thirty four Articles can be summarized as an inadequately addressed Constitution that carries the pride, “the Shining Symbol of the devolution of power…that conveys the eternal message of justice, liberty and equality to the citizens of Bhutan”, while it has manifested itself as “Guided package” – and aptly emerged as a chapter of new “Royal Legacy” devoid of peoples’ participation. Absence of sincerity on the part of Royal Government can be ascertained from the skeptic and staggering population data of .7m against 1.8m of the UN. On the other hand, the “Gross National Happiness” has been Bhutan’s banner for international campaign contradicting its report on the growing food security vulnerability in 51 of 201 Geogs (Kuensel January 21, 2006). Government’s declaration of US$710 per capita too differs as the Kuensel reported over 31% of the population living on Nu.740 per capita with 50.5% of the population unable to produce enough food to survive 12 months whereby the ‘farmers either borrowed or bartered or sold labor for food’ for their sustenance. The agriculture workers in Bhutan represent 72% and poverty incidence in the rural areas accounts to 97%. His Majesty the King’s statement at the ceremonial declaration of the unveiling of the ‘Draft Constitution’ ignored amongst others, some of the following crucial issues: Acceptance of the presence of political parties struggling from exile Willingness to resolve protracted refugee crisis The realities of post eviction Internally Displaced Persons (IDPs) and their Resettlement and rehabilitation Granting of general amnesty to the dissident groups Release of the political prisoners The people of Bhutan were caught unaware with the December 17, 2005 proclamation of Druk Gyalpo to abdicate the Golden Throne in 2008, at Trashi Yangtse Dzongkhag during public gathering. It gives the message of an effort to patch up family dispute over legitimacy to the Golden Throne. Of the five princes born to the four queens, four were born before the royal nuptial ceremony. Eldest prince born (1980) to the third queen heading for the throne by 2008; and the proclamation deprives right of the youngest prince born (1994) to the second queen; who, in fact, happens to be the only son born after the royal wedding. The “Draft Constitution”, with Articles, concerning Religion and Language required consideration in view of its vitality in the aspects of cultural sentiments of the multiracial, lingual and multi-Religious society of the Kingdom of Bhutan. Article 2, Clause 16, Sub-clause (e) contravenes Article 1(1), "sovereign power belongs to the people of Bhutan" as the powers vested with the King, may, in the exercise of these powers, act without advice or recommendation of the cabinet or the Parliament. Article 2, Clause 19, gives the King crucial powers of appointing constitutional functionaries. Vesting vast powers with the King, who may, in the exercise of these powers, act without advice or recommendation. Heads of State, in countries where there are different heads of government, usually exercise these powers on the advice of the executive. Therefore, we felt it necessary to be redrafted to allow the King to exercise these powers on the advice of the Cabinet. Article 2, Clause 24, “Referendum”, undermines peoples’ representation in the Parliament. It gives the suspicion of proliferating absolute interest in the people at the grass roots level whereby, assassinates the sanctity of the democracy. Hence, in the context of the Kingdom of Bhutan, “Referendum”, we felt, is not practicable. Major issues concerning Religion, Language and Dress have been considered vital parts of the Constitution as it pertains to sentiment and emotions of the people as a whole. Politically conscious society of the 21st century would show frequent resentments if due consideration to address the daily way of life is not looked into. Therefore, Article 4, Clause 3, has been debated and incorporated with specific guidelines considering languages and dresses of minorities as well to give a broader scope. Article 6, Clause 1, refers to Citizenship Act. The grant of citizenship cannot be considered independent of the exodus of Lhotshampas (Nepali speaking community), which has resulted in a percentage of the population of Bhutan to become refugees. In some senses the cutoff date of December 31, 1958 transgresses latter legislation. Constitution of Bhutan is anticipated to develop peace, stability and harmony of the diverse population. We therefore felt it necessary to reframe the clause specifying naturalization, most appropriately incorporating 1985 as the 'cut-off-point'. The concept of “Draft Constitution” as appeared in Article 6, Clause 2, is not feasible in view of non-existence of the Census Department in 1958.
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